Ex Parte DanielDownload PDFPatent Trial and Appeal BoardOct 13, 201713440623 (P.T.A.B. Oct. 13, 2017) Copy Citation United States Patent and Trademark Office UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O.Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 13/440,623 04/05/2012 Joseph A. Daniel 201990.05834 9178 64956 7590 10/17/2017 HAHN LOESER / LINCOLN 200 Public Square, Suite 2800 Cleveland, OH 44114 EXAMINER NORTON, JOHN J ART UNIT PAPER NUMBER 3742 NOTIFICATION DATE DELIVERY MODE 10/17/2017 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address(es): patents@hahnlaw.com ip @ lincolnelectrie .com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte JOSEPH A. DANIEL Appeal 2016-000134 Application 13/440,623 Technology Center 3700 Before MURRIEL E. CRAWFORD, ANTON W. FETTING, and ALYSSA A.FINAMORE, Administrative Patent Judges. FETTING, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE1 Joseph A. Daniel (Appellant) seeks review under 35 U.S.C. § 134 of a Final Rejection of claims 1, 3—11, and 13—20, the only claims pending in the application on appeal. We have jurisdiction over the appeal pursuant to 35 U.S.C. § 6(b). 1 Our decision will make reference to the Appellant’s Appeal Brief (“App. Br.,” filed Apr. 6, 2015) and Reply Brief (“Reply Br.,” filed Aug. 5, 2015), and the Examiner’s Answer (“Ans.,” mailed July 30, 2015), and Final Action (“Final Act.,” mailed Dec. 18, 2014). Appeal 2016-000134 Application 13/440,623 The Appellant invented a form of necking detection of weld beads for welding processes involving surface tension transfer short circuit welding. Specification para. 1. An understanding of the invention can be derived from a reading of exemplary claim 1, which is reproduced below (bracketed matter and some paragraphing added). 1. A process for dynamically adjusting a threshold value for detecting the end of a short circuit condition during a welding operation comprising the steps of: [1] monitoring at least one welding parameter associated with detecting said short circuit condition in a short circuit transfer welding process; [2] comparing said at least one welding parameter to a threshold value for said at least one welding parameter; [3] adjusting a value of said threshold value for detecting said short circuit condition based on said step of comparing; and [4] using said adjusted value as a new threshold value for a next cycle of said waveform [sic, no waveform antecedent] for detecting said short circuit condition 2 Appeal 2016-000134 Application 13/440,623 The Examiner relies upon the following prior art: Hsu US 6,717,108 B2 Apr. 6,2004 Hutchison US 2004/0188404 A1 Sept. 30, 2004 Wikipedia, PID Controller, http://web.archive.org/web/ 20100220050116/http ://en. wikipedia.org/wiki/PID_controller Claims 1,3,7, and 8 stand rejected under 35 U.S.C. § 102(b) as anticipated by Hutchison. Claims 9-11, 13, and 17—20 stand rejected under 35 U.S.C. § 103(a) as unpatentable over Hutchison. Claims 4, 5, 14, and 15 stand rejected under 35 U.S.C. § 103(a) as unpatentable over Hutchison and Wikipedia. Claims 6 and 16 stand rejected under 35 U.S.C. § 103(a) as unpatentable over Hutchison and Hsu. ISSUES The issues of anticipation and obviousness turn primarily on whether Hutchison is encompassed within the scope of the independent claims as drafted. FACTS PERTINENT TO THE ISSUES The following enumerated Findings of Fact (FF) are believed to be supported by a preponderance of the evidence. 3 Appeal 2016-000134 Application 13/440,623 Facts Related to the Prior Art — Hutchison 01. Hutchison is directed to short circuit welding. Hutchison para. 1. 02. Short circuit transfer welding generally consists of alternating between an arc state and a short circuit, non—arc state. During the arc state the wire melts, and during the short circuit state the metal further melts and the molten metal is transferred from the end of the wire to the weld puddle. The metal transferred in one cycle is referred to as a drop, regardless of the size or shape of the portion of metal that is transferred. Hutchison para. 2. 03. Hutchison describes the short circuit transfer welding process as cyclical. One cycle of the process begins with the beginning of a steady state arc, followed by a short circuit condition, and is completed with the beginning of another steady state arc condition. A typical cycle length is 10 msec. The electrode, and a portion of the base metal, are melted during the short circuit transfer welding process by current flowing through the electrode to the weldment. Generally, a portion of the wire material melts during the arc condition, and is transferred during the short condition. Hutchison para. 27. 04. Hutchison describes arc voltage feedback being used to determine if the desired arc length is present and to adjust the long-term command on a short—by—short basis. The short—by- short current command is derived from real-time arc current and voltage feedback (rather than power) and is used to control the 4 Appeal 2016-000134 Application 13/440,623 bum—off rate by an instantaneous, or short—by—short, adjustment of the current command. The preferred control scheme also uses a function of the time derivative of arc power (less the time derivative of arc current) to detect, in real time, when the short is about to clear. Hutchison para. 30. 05. Hutchison describes the wire bum—off rate being controlled by controlling the current on a short circuit—by—short circuit basis (or period—by—period basis). This short—by—short current control is combined with the current control set by arc voltage (to obtain a desired arc length). The power source and controller of the preferred embodiment are sufficiently fast to provide the desired current in much less than one weld cycle. Thus, two control loops are in simultaneous use—an arc length loop using arc voltage as feedback to set a long-term current command, and a wire bum—off loop using arc current and voltage as feedback to set a short—by- short command. The two loops are weighted differently. Both arc voltage and arc current are used to detect, in real time, the short- clearing, and to terminate the process. Hutchison paras. 32—33. 06. Hutchison describes a background current flowing during an arc phase. When a short circuit is established, the current is commanded to a higher level along a rapidly increasing segment. The rapidly increasing segment is followed by a plateau, which is followed be a more slowly increasing segment. When the short is about to clear the current is quickly lowered to a background level. After the arc is established the current is commanded to a high level. The high current level during the arc phase is ended by 5 Appeal 2016-000134 Application 13/440,623 decreasing the current as fast as possible to a plateau, and then after the plateau more gradually decreasing the current to the background level. Hutchison para. 34. 07. Hutchison describes the point at which the rapidly increasing segment ends as being adjusted due to past history of the process or welding cycle history. Welding cycle history, as used herein, includes parameters of past welding cycles, including functions thereof. More specifically, the time from when the indication of the short clearing (dp/dt as set forth below) is received, until the short clears (precursor time) can be monitored. A running average can be used to end the rapidly increasing segment earlier or later. Also, it can be ended earlier when a prior short (or shorts) cleared before the current could be lowered. The end of the segment can be based on time, current, voltage, power, or functions thereof crossing a threshold. Also, the overall process can be controlled using precursor time as one of the feedback parameters. Hutchison para. 35. 08. Hutchison describes it being desirable to reduce the current prior to the short clearing. Hutchison uses more information than can be obtained from the voltage waveform alone to quickly and consistently detect the imminent short clearing. More specifically, the controller uses the second derivative of the power to detect the short clearing event, in real time. The controller solves an equation Vc=d/dt(dP/dt), in real time. When Vc crosses Vthreshoid the controller determines, in real time, that the short is about to clear. Alternatives includes using other functions of dP/dt, using 6 Appeal 2016-000134 Application 13/440,623 functions of dVc/dt instead of or with dP/dt, as well as using dR/dt, or higher order derivatives of these parameters, or other functions of these parameters, and combinations thereof. Hutchison para. 36. 09. According to another alternative Vthreshoid is varied in response to past history of the process. For example, in one embodiment, a running average of the time between the crossing the Vthreshoid and the actual short clearing for a number of weld cycles is calculated and used to adjust Vthreshoid- Hutchison para. 37. ANALYSIS We are not persuaded by Appellant’s argument that the claims update a threshold value on a cycle by cycle basis. App. Br. 12—16. Appellant agrees that apart from this, Hutchison anticipates claim 1. Id. at 16. Appellant’s arguments are distilled as the Office argues that claim 1 seems to claim only one weld cycle rather than repeated weld cycles using new information each time. This interpretation of the claim language is incorrect. The final element of claim 1 reads: “using said adjusted value as a new threshold value for a next cycle of said waveform for detecting said short circuit condition.” This statement explicitly claims the process of using the new adjusted value as a new threshold value in a next cycle of waveform. This claims not only a single cycle, but the process of making a threshold value adjustment in the next cycle as well. Id. Although Appellant is correct that this recites “making a threshold value adjustment in the next cycle,” the claim is silent as to the duration of what 7 Appeal 2016-000134 Application 13/440,623 transpires before that. There is quite literally only one transition to another cycle recited in claim 1. We are not persuaded by Appellant’s argument that it is impossible to run just one sequence of a repetitive cycle and accomplish anything. Reply Br. 7. Appellant conflates the scope of the claim with the scope of the context. Appellant chooses to recite a single adjustment in their claims, rather than draft the claims to require plural cycles within their scope. The claims are thus directed to a single set of circumstances within the broader context. We find Appellant’s argument that Hutchison fails to describe monitoring “n” cycles (id.) unpersuasive for similar reasons. Appellant’s arguments in support of claim 11 repeat the arguments in support of claim 1. The remaining claims are argued on the basis of their parent claims. CONCLUSIONS OF LAW The rejection of claims 1, 3, 7, and 8 under 35 U.S.C. § 102(b) as anticipated by Hutchison is proper. The rejection of claims 9—11, 13, and 17—20 under 35 U.S.C. § 103(a) as unpatentable over Hutchison is proper. The rejection of claims 4, 5, 14, and 15 under 35 U.S.C. § 103(a) as unpatentable over Hutchison and Wikipedia is proper. The rejection of claims 6 and 16 under 35 U.S.C. § 103(a) as unpatentable over Hutchison and Hsu is proper. 8 Appeal 2016-000134 Application 13/440,623 DECISION The rejection of claims 1, 3—11, and 13—20 is affirmed. No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R. § 1.136(a)(l)(iv) (2011). AFFIRMED 9 Copy with citationCopy as parenthetical citation